September 2021 Newsletter
Newsletter: September 2021
EU Market Surveillance Regulation
The EU Market Surveillance Regulation came into force on the 16th of July 2021, in the EU and Northern Ireland. As it is a regulation, it became binding in all EU Member States without the need for transposition into their national legislation. The new framework aims to ensure that all WEEE, Batteries, and Packaging products placed in the EU market meet the criteria set by the EU sectoral legislation. It tightens both the surveillance and enforcement of EPR legislation on the EU and national level.
Relevant Changes:
- The definition of ‘Placing into the Market’ is broadened to include all distance sales to end users, such as via websites and e-commerce.
- Economic Operators, such as EU manufacturers, importers, fulfillment service providers, and Authorized Representatives, are obligated to provide relevant authorities with information on product compliance and should ensure that the sellers they work with are fully compliant.
- All Non-EU entities selling directly to end users must appoint a European Authorized Representative and comply with the legislation prior to supplying obligated products to the EU Market.
Please contact Accerio for more information about the Market Surveillance Regulation’s impact on your requirements.
Austria Battery Law Update
The definition of ‘Producer’ will be expanded in an updated Austria battery law. Under the current law, only local Austrian entities are obligated, while the new definition of ‘Producer’ will also include foreign entities selling into Austria. Obligated foreign producers will be required to appoint an Authorized Representative starting on the 1st of January 2022.
This change makes the Austrian battery law more in line with obligations in most other EU countries, following the general trend toward harmonization of legislation. Additionally, the update allows for non-Austrian entities selling from the EU to take over Austrian reseller obligations by appointing an Authorized Representative.
Account Managers will be contacting Accerio clients who are impacted by this change. With the upcoming requirements beginning 1st of January 2022, it is recommended that obligated producers begin the registration process in Fall 2021.
Expansion of Producer Obligations in Canada
EPR obligations exist across Canada for WEEE, Batteries, and Packaging. Currently, 12 of Canada’s provinces and territories have active WEEE regulations, 6 have Small Battery laws, 4 have Lead Acid Battery requirements, and 5 have Packaging laws.
In recent years, several new provincial programs have begun while existing programs have expanded their product scope. The WEEE product scope is regularly updated and there is discussion of electric vehicle batteries coming into scope in multiple provinces. One of the most impactful changes has been the implementation of Ontario’s EPR laws. The Ontario laws require obligated producers to register with the newly established Ontario Authority for WEEE, Batteries, and Packaging. Small producers are only required to register and report, while large producers have registration, management, and public education requirements.
It is increasingly important for companies to understand their obligations across Canada. Accerio provides assessment, monitoring, and registration services for companies selling into Canada.
The UAE Waste Management Law
The United Arab Emirates passed the Law on Integrated Waste Management in December 2018 that provides a framework for EPR, though the implementation of WEEE, Batteries, and Packaging obligations were not included in the legislation. On the 21st of June 2021, the UAE cabinet passed Resolution No. (39) of 2021: Implementing Regulations to the law 12/2018 on Integrated Waste Management. The resolution outlines several compliance requirements for importers and local UAE entities supplying all types of EEE or Batteries to end users.
Obligated entities must:
- Pay into a national recycling fund.
- Contract an approved PRO.
- Submit regular reports of product take back.
- Finance the take back and treatment of end-of-life products.
- Implement collection boxes at retail locations.
This is the most comprehensive EPR law yet in the region, something that we can expect to see more of as circular economy programs take a central place in countries’ economic and environmental plans.